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HomeMy WebLinkAboutCOM 1024.001 2018-2020Harry Kim Mayor Roy Takemoto Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 July 29, 2020 County of Hawai` i PLANNING DEPARTMENT Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: Michael Yee Director April Surprenant Acting Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 SUBJECT: Amendment to Change of Zone Ordinance No. 10 19 (REZ 09-000101) Applicant: Dr. Brian Sugai Request: Amendment for a Six -Year Time Extension to Condition D (Time to Complete Construction) Tax Mau Key: 2-3-037:019 Regarding the Windward Planning Commission letter dated July 17, 2020 concerning the above - reference matter, attached please find a copy of the draft transcript for the July 2, 2020 hearing for your information. Should there be any questions, please contact Jeff Darrow at 961-8158. Sincerely, MICHAEL YEE Planning Director LSugaiUZ09-1 0 1 wpctranscript Enclosures Comm. No, Ref. To: Ref. Dote -.111.1 -It t , d www.hiplanningdgpt.com Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty_gov WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 2, 2020 A regularly advertised hearing on the application of DR. BRIAN SUGAI (AMEND REZ 09-000101) was called to order at 9:33 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Thomas Raffipiy presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph -Q-37 on, Thomas Raffipiy, John Replogle____ ABSENT & EXCUSED: Dean Au ALSO PRESENT: Michael Yee (Planning Dibb for the Planning Department), Malia Hall (Depu Planning Commission), Alex Roy (Planner), Jess and Melissa Dacayanan-Salvador (Temporarily A And 9 members from the public in APPLICANT: DR. Application for a six Ordinance No. 10 0 Agricultural 1 -acre G district. The subject side of KomohanaSt -- onaha intersection.. P ►1I ;SUGAI (AMEND gar=t e extensio to C ich reclassified appro to Neighborhood Cori arty is located adj acerr Yroxatel-=7;00 deet outlryIIlo, Hawa , John Mukai (Dcp Corporation Counsel )moration Counsel for the Windward ide of .anner), Christian Kay (Planner) ission Secretary= room. Z l09-0001at =_ ton=I :Tim&MV Complete Construction of hely orie`(1)_4cre of land from an Tcial-20,000 square feet (CN -20) zoning the Alenaio drainage channel on the east th of the Komohana Street-Ponahawai Street ) 2-3-037:019. RAFFIPIM Alright, let's-g*o-to the -next one on the agenda. The next one on the agenda is Dr., Brian Suga Amend REZ 092 slide with Ponahawai Street running generally east, west and the Alenaio drainage canal here on the south side of the property. The applicant is requesting a six (6) year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 10 019 which reclassified approximately one (1) acre of land from an Agricultural 1 -acre zoning designation to Neighborhood Commercial -20,000 square feet zoning district. The applicant initially planned to construct a 20,000 square foot two (2) story -building to contain his medical office and other offices for rent or lease on the ground floor and a residential unit on the second floor to be used by the applicant. The original plan also set aside an area on the property for an additional 20,000 square foot building. However; .due to cost considerations the applicant decided to reduce the size of the development andfi s'VE v proposing a 8,900 square foot two (2) story office building including one (1) residential_ and a thirty-six (3 6) stall parking lot with two (2) of which will be ADA accessible. Find 111 rr pproval and Building Permit were issued in 2011 however, based on cost consid_erataris and teweconomy just coming out of a r --e= recession construction was delayed and plans weabandoned. _ __ The applicant submitted a revised building plaan_2013 but due to a miguderstanding with the Department of Public Works (DPW) a building permit was newer issued. Iri=2U4, DPW issued a site work grading permit and some site -work subsequently -occurred. However;= misunderstanding between the appl caM_and then contr96-Mor resulted in lengthy litigation between theparties and construction was. ed during=fat time. With the litigation resolved a new grading permit was issuM n 20 Mand site wary=recommenced. Upon receipt of this time extension approval anew Plan ApprovafTgilbe. obtain R new building permit can be finalized and thea , Ieant intends to come Tete the r4ecwithf twent -four 24 months. The County zoning forhe_subject`rcel again=l%ere outlined in -black is Neighborhood Commercial -20,000 squareTfeet as-1ridicated in theEpink color. Again, for reference Komohana Street is running:here north` south-tbru-tle=slide. Surrounding zoning is a mixture of Residential, here RS-S=to tlie`south,.of tlieproject area=Agricultural 1 acre, to the east of the project are and across=Komohana Sfreet here=sP_roject Digih& This is the Wailani Project District area. The State Lar cl_Use designaZ �o for th-& s ject property and surrounding area is Urban. The General Plan LandUse Pattern llocatioffZuide (LUPAG) map designates the subject property and surroundingareayas Medium=:Density Urban. Here is two aerial photographs of the subject property. The upper3=eft is just Rzoomed-out version to show the surrounding land uses. Again, Komohana Street is running generally north south thru the slide. You got the residential subdivision here to the south: The Wailani Project District area across Komohana Street and the lower right is a aerial photo�zoomed in of the site area. This is an older photograph off of Google Earth showing vegetation. As you'll see in the next set of photographs. The following set of photographs all of the vegetation been cleared and there has been site work done as well as site grading work done. Here's the applicant submitted site plan. Again, Komohana Street running on the left side of the slide here with access coming off Komohana Street and the proposed office building here EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 2 towards the back side of the property and with parking in front. Also, kind of a set aside future building site. That just showing generally where it would be but, it is not being considered under the scope of this amendment at this time. Here's a view of the property from across Komohana Street, took this yesterday. So, as you can see much of the vegetation if not all has been cleared and some significant site work has been done in anticipation of construction. Here's some views of the roadway, on the upper left is Komohana Street looking north and with the subject property on the right-hand side and lower right is Komohana Street looking south with the subject property on the left-hand side. Since we sent out the Background and Recommendation reslere have been several agency comments that have come in. Nothing really of much nog wpt for one that recently came in from DLNR-DOFAW. Which spoke about the indigen pe V s in the area. Much of it had to do with mitigation for those species relative to if clean Kg was ga g to take place on trees. But as the site is pretty well cleared at this point muclot does not appSo, we didn't decide to add a separate condition as we have a catch all aric ition. The applicMUN-Mill comply with all Federal, State and County requirements. Yoursd have also received1l e responses from the applicant to agency comments as well as an ern from a n ghbor, Pat gclhard, and the applicant's response and all of that came in since the ck- c uYtd and recomrrib ation was sent out. One more thing I wanted to reference, ffiU!hi§T&. st kind of = _ ousekeeping on a condition that I noticed just this morning,.—Under Condition B we a 1. W_ a new condition relative to water commitment and it reads a aer°commitrrede osisaI be aid=to the Department of Water 1 d _ Y � om tl e effective da Wr4 ordiriari - To make it consistent with Supply within 80 ayswfr , , -,_ tev oaf th _ ce<. other conditions in tE er recommended cofidffi&s I'd like to recommend adding just amended prior to the word ordinan [ ,With all 6mat, the Director is recommending forwarding a favorable recomrnendati6r .--tl e= 6MI ft Council for the amendments to rezone Ordinance No. 10 019. th=fl°aI Leri happy to answer any= -questions that the Commission may have. RAFFIP ,-Thank you vey_uch 'hristian. Any questions for the staff from the Commission? Go ahead 1\A Replogle. 11.1 REPLOGLE: I nMfted in the od e-Wletter from a citizen. She mentioned a turning pocket. Has that been consideredUd she pos out that the generally the flow is good. But, during school and go to work or pau7hana ti d=e`=- au school it could get and a turning pocket or keeping the flow good I think keeps th-6 corrimunity happy. KAY: Yes and REPLOGLE: Avoids frustration if you get my drift. KAY: —sure. In Mr. Fuke's response to the email he indicated that there is already a condition in place that speaks to that. So, Condition G already speaks to that. So that is already covered. EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 3 REPLOGLE: Thank you. KAY: You're welcome. REPLOGLE: Thank you. CLARKSON: Yes, I just want a point of clarification. Could you show the zoning slide again, please? So, I know the maps in the background report are old but, they show the property that is designated as CN -20 as AG -la. I guess there's been a change in zoning for that adjacent or almost adjacent parcel in the last few years. _=- KAY: Yes, there must have been since this rezone ordi what the number would be but that would be the case.A CLARKSON: And, I just want to check too if parcel is vacant. The one that is zoned Comm' KAY: Generally, in this area. CLARKSON: —yeah KAY: Um', yeah— CLARKSON: It's 2 KAY: Yeah, that could attention unfortunately ti CLARKS ?-I' just -c Comineral but, as yetvf KAY: Yes-=_'_s,possible the ordinance.- __-1=_ CLARKSON: RAFFIPIY: Any other q KAY: Thank you. on as granted. I am not exactly sure d show the 8 a1. I guess that —that a shipping container even. I was outvthere yesterday; I didn't pay at sided 1Vlaybe the applicant can speak to that. f K m hana been rezoned to 1r e :that ^ole stretch o 0 0 ious a=it looks k h ping `Canmercial been _happening there. ev are still Wffi inia to build within the time frames that are set aside in ? Alright, thank you very much. RAFFIPIY: This time we are going to have the Applicant and Representative. Can you please, raise your right hand, please? Do you swear or affirm to tell the truth on this matter now before the Planning Commission? APPLICANT & REPRESENTATIVE: I do, yes. EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 4 RAFFIPIY: Thank you Go ahead and make your presentation Mr. Fuke. FUKE: Thank you very much Mr. Chairman and members of the Commission. For the record, my name is Sidney Fuke. I am a Planning Consultant. I'm assisting the Applicant who is seated to my right, Dr. Brian Sugai on his requested time extension. HALL: He might need a— AGUINALDO: Sid, try come more close. Try come more close. FUKE: Okay, can you hear me now? AGUINALDO: Yeah, you go it. FUKE: Okay. So. AGUINALDO: Yeah: RAFFIPIY: See if we can turn up th FUKE: Testing, testing. Testing. RAFFIPIY: That's much. better. FUKE: Okay, anyway;^just to resat( Consultant. I'm assislingAthe Applies Sugai who is the Applicant _is seated: 100 Pauahi-Streethere in Hilo y naersSidney Fuke. I'm a Planning ling time extension request and Dr, Brian business office is right across the street at E) review and discuss the staff's proposed ditorial change about the amended it's appropriate. I'll like to generally The rezoning vas;approved in20A0, the year 2010 and shortly thereafter Dr. Sugai had aggressively colfi f g ed the plaris� secure Plan Approval, did the required plans for a building permit, submitted it acrd got thcF- -ding permit approved. The building permit did reflect the conditions of the rezoni g_appro aI which you know as Commissioner Replogle just kind of noted about the access restrictions. So, the access restriction clearly shows like only a right turn in and right turn out and thafs a condition of the zone change. So, there is no left turn movement. So, what Ms. Engelhard was raising about the potential traffic complaint would be minimized. It also reflects the construction drawings also reflected curbs, gutters and sidewalks fronting the particular area. So, they were all approved but, in the meantime, you know there were some dispute between the Applicant and the then contractor and a long litigation process. In the meantime, the financing fell apart so on and so forth. Well, that litigation recently was resolved and as the staff had EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 5 indicated finally revised plans were submitted to the County Building Department for processing. In the meantime, a separate the grading permit was also submitted and completed. As was indicated by the staff the site right now has been entirely denuded, It's been cleared. The site is ready for the vertical to be constructed. I was just informed by Dr. Sugai this morning that the building permit actually has been issued. I asked him further what's the status of the financing. He essentially said the financing is there, the bank is just waiting for the outcome of these time extension requests. So, upon favorable consideration by this Commission and ultimately the County Council then the financing is there. So, along those lines in my discussion with.e_ staff. The original request called for like you know five (5) year construction window.ry_Iau can't do it then ask for an administrative time extension and when the staff and I hadI -discussion and further with myself with the Applicant. Is six (6) years more than sufficient c gEn where he is right now borrowing what happens with Covid and all that stuff, The build hould be up within the next couple years. So, having said that you know we only can ask%your favorable consideration for the time extension request. RAFFIPIY: Thank you very much.==Anwguestions forte Fiske from the Commission? Dr. Sugai you need to make any presen� SUGAI: No. RAFFIPIY: Okay, t receive the Planning FUKE: Yes_ _ Fwe�_dd Applicanf--�-`[= fod RAFFIFIY Right, i one publicfe imon3 have three mnizes t, At this time, we have, um' wait. Did you nendation report on this? I had a chance to review it with the amended by the staff this morning. k you very much appreciate it. At this time, we have Mr. Dwight Vicente, he is not sworn. So, please you Your testimony. VICENTE: Good c rn ng aga mmny name is Dwight Vicente representing the Hawaiian Kingdom. The lands nYquest is the Crown lands. It was leased out as Agricultural lands under King Kalakaua foilgears. That would bring it up to 1915. The Applicant is a Japanese National as far as the history -shows the treaty between the Emperor of Japan and King Kalakaua ended in 1897. So, there's no valid treaty with this Kingdom and Japan at the present time. And the other parties Japan after World War II became an unincorporated territory of the U.S. The U.S. is illegally occupying Japan. They even got a Constitution written by General McArthur, that's illegal. So, whatever treaty they have today they got a Banana Government that does a treaty under right now Prime Minister Abe. So, that's all illegal. The history of the Japanese like with the other plantation workers they came over as contract slaves. The problem was that the contract was EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 6 signed back in their country. Whatever their respective countries were. But the Kingdom enforced the contract which is kind of strange. The Kingdom had no jurisdiction over those contracts. Being that the contracts was signed in their country. So, there is a lot of historical defects or errors that gotta be corrected. So, going back to the lands, its Crown lands it is under the Office of the Crown it was leased out as Agriculture lands and the contract has ended. So, there should be no activity going on. Especially, for development when it was only leased out for Agriculture. No people living on it, no commercial activity. So, it's something to think about, remember "roads in limbo". These are not the ceded lands; the ceded lands are the 1,750,000 acres of Crown and garnment lands that had no contract on them. That's why they were illegally given away by the B not have accepted that through a joint resolution. V Treaty. Which was no treaty because it's not Art Ad! the rights of its Kingdom under the Queen's Prsf of US Minister Stevens. Most people don't re€ islands when he came over on the navy ship. Inas in#n7-- and the U.S. Congress could `hic���goes bad_ =to the 1875 Reciprocity :SII, Section 2 f=eat!. So, with this all reserve of January 17, IRMOagainst the criminal acts ie bombed this island -..d couple other ble-- scaredthe natives: ===khat was criminal. So, if they said there was no shots Fred= there were shored it wasn't in Oahu, -it was on these islands. The other one is the 1898 JotiIReson whicff s unconstitutional. The 1875 Reciprocity Treaty was no treaty and gong esident bao x1820 PrMonroe had no authority to appoint John C. Jones as the agent for the S. and e twover the'ri ssionary family and the US ��-AFM;.;_ u v . v�w� `= 'son.:�w m��v Navy. Here, you go bacTm_ ta,W arb, ry s 1V�a�i_ .nkyou, RAFFIPIY: Thank yo r. Viceribe _ Any quer iM from the Commission? Alright, thank you, I need a motion to closeWblic testonv. REPLOG E moven at we c aye testim _ =_= AGUINAmDO: I second:41-=T_ RAFFIPIY: I '_ been moved and secondMlhat we close public testimony at this time. All in favor, say, aye COMMISSIONERS: RAFFIPIY: Any oppose? No, oppose. Thank you. I need a motion for action at this time. REPLOGLE: I move that a favorable recommendation be forward to the County Council on the application of Change of Zone Ordinance No. 10 019 based on the Planning Director's recommendation which shall be adopted. AGUINALDO: I second. EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 7 RAFFIPIY: It's been moved and seconded that a favorable recommendation be forwarded to County Council on the application that amends Change of Zone Ordinance No. 10 019 based on the Planning Director's recommendation that shall be adopted. At this time, any discussion? No discussion, can you please take the roll of vote, please. KAY: Yes, thank you Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: And Chair Raffipiy? RAFFIPIY: Aye. KAY: Thank you Mr. Chair, motion RAFFIPIY: Thank y FUKE: Thank you v RAFFIPIY:_-:Thank=;y The discussion end& Respectfully submitted, Melissa Dacayanan-Salvador, Temporarily Assigned Secretary Windward Planning Commission EXHIBIT B (DRAFT - NOT AN OFFICIAL COPY) 8